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Filibusters Are Unconstitutional -- Say Noted Democrats
miles-alexander | miles-alexander

Posted on 05/18/2003 2:16:37 PM PDT by webber

Filibusters Are Unconstitutional -- Say Noted Democrats

In the past, prominent Democrats have said that filibusters are unconstitutional. However, now that they are blocking President Bush's appointments, they apparently see no problem with using unconstitutional means to punish the President. Prominent Democrats have frequently asserted that the use of filibusters is unconstitutional. They've changed their tune now that they're the minority party in the Senate. Apparently any unethical means is okay as long as it blocks President Bush's judicial nominees.

Notice what these Democrats have said in the past about filibusters:

Senator Joe Lieberman on January 4, 1995: "The filibuster rule . . . there is no constitutional basis for it. . . . it is, in its way, inconsistent with the Constitution, one might almost say an amendment of the Constitution by rule of the U.S. Senate." And on January 5: "The Constitution states only five specific cases in which there is a requirement for more than a majority to work the will of this body: Ratification of a treaty, override of a Presidential veto, impeachment, adoption of a constitutional amendment, and expulsion of a Member of Congress. In fact, the Framers of the Constitution considered other cases in which a supermajority might have been required and rejected them. And we by our rules have effectively amended the Constitution--which I believe, respectfully, is not right-- and added the opportunity of any Member or a minority of Members to require 60 votes." Congressional Record.

Senator Tom Daschle on January 30, 1995: "The Constitution is straightforward about the few instances in which more than a majority of the Congress must vote: A veto override, a treaty, and a finding of guilt in an impeachment proceeding. Every other action by the Congress is taken by majority vote. The Founders debated the idea of requiring more than a majority . . . . They concluded that putting such immense power into the hands of a minority ran squarely against the democratic principle. Democracy means majority rule, not minority gridlock." Congressional Record.

Senator Tom Harkin on March 1, 1994: "I really believe that the filibuster rules are unconstitutional. I believe the Constitution sets out five times when you need majority or supermajority votes in the Senate for treaties, impeachment." Congressional Record.

Lloyd Cutler, Carter and Clinton White House Counsel, on September 29, 1968: "Nothing would more poorly serve our constitutional system than for the nominations to have earned the approval of the Senate majority, but to be thwarted because the majority is denied a chance to vote. Senators have never before employed a filibuster against a Supreme Court nomination. Indeed, prior Supreme Court nominations have seldom been debated more than 8 days. Whatever the merits of the filibuster as a device to defeat disliked legislation, its use to frustrate a judicial appointment creates a dangerous precedent with important implications for the very structure of our Government." Congressional Record.

And again on April 19, 1993: "Requirements of 60 votes to cut off debate and a two-thirds vote to amend the rules are both unconstitutional." And again on May 3, 1993: "The Senate rule requiring a super-majority vote to cut off debate is unconstitutional." Washington Post.

The Senate Democratic minority appears to be using "The Prince" by Nicolo Machiavelli as its ethical guide.

Miles Alexander


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; Politics/Elections; War on Terror
KEYWORDS: constitution; doublestandard; filibuster; hypocrisy; rats; ratslie; rattricks; revisionism
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1 posted on 05/18/2003 2:16:37 PM PDT by webber
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To: webber
Since being a DEMONCRAT requires hypocracy this won't even hit the newspapers, unfortunately.
2 posted on 05/18/2003 2:20:50 PM PDT by Mister Baredog ((They wanted to kill 50,000 of us on 9/11, we will never forget!))
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To: webber
I'm not worried about filibusters. We have used them on our side too to block legislation but not judical nominees. What Repbublicans need to do is make this an issue in the Senate races up in 2004. The DemocRATS think Republicans have a shot of picking up 7-8 seats. That means Republicans would only have to pick up 1 or 2 DemocRAT Senate votes to get a vote of cloture.
3 posted on 05/18/2003 2:22:56 PM PDT by Paleo Conservative
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To: Miss Marple; Howlin; PhiKapMom; Mo1; Amelia
Rules and more Rules..... Just when they are constitutional seems to be at what point the practitioner can use them to his benefit.
4 posted on 05/18/2003 2:31:58 PM PDT by deport
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To: Paleo Conservative
I agree. George Will said last week that this is what elections are about. If filibustering helps sway swing voters to Republicans then more power to them...er...Republicans, ha.
5 posted on 05/18/2003 2:39:26 PM PDT by rvoitier (There's too many ALs in this world: Al Qaeda Al Jezeera Al Gore Al Sharpton Al Franken)
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To: webber
For some reason, "New Jersey" comes to my mind.
6 posted on 05/18/2003 2:43:58 PM PDT by Mark (Treason doth never prosper, for if it prosper, NONE DARE CALL IT TREASON.)
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To: rvoitier
I might also add, it would be extremely dicey constitutionally for the Supreme Court to rule on the constitutionality of the procedures the Senate uses to confirm federal judges.
7 posted on 05/18/2003 2:45:55 PM PDT by Paleo Conservative
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To: Mister Baredog
Since being a DEMONCRAT requires hypocracy this won't even hit the newspapers, unfortunately.

But just turn the tables and let the Republicans try a stunt like this and the howling from the leftist media would be constant and deafening.

8 posted on 05/18/2003 2:53:33 PM PDT by Bullish
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To: Paleo Conservative
"it would be extremely dicey constitutionally for the Supreme Court to rule on the constitutionality of the procedures the Senate uses to confirm federal judges."

But since the GOP also uses it, who would ask the Supreme Court to rule on the illegal use of the filibuster; unless the Supreme Court takes it upon themselves to review it, but I don't know if that's constitutional either.

9 posted on 05/18/2003 2:57:41 PM PDT by webber (Demon-rats: don't confuse me with the constitution, I have have my own rules.)
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To: webber
Ummm, these Senators are not saying that filibusters are unconstitutional, they are saying that the Cloture Rule - which allows a filibuster (or any debate) to be stopped by a super-majority vote - is unconstitutional.
10 posted on 05/18/2003 3:19:35 PM PDT by DonQ
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To: DonQ
We had to change the spelling in Texas to filiBUSter to accommodate the Ds.
11 posted on 05/18/2003 3:24:33 PM PDT by txhurl
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To: Mister Baredog
I WISH SOMEONE COULD DROP A FEW MILLION COPIES OF THIS AS FLYERS OVER THE TEXAS CAPITAL. (D.C. IS A NO FLY ZONE)
12 posted on 05/18/2003 3:31:52 PM PDT by OREALLY
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To: webber
I have read (prove me wrong) that the Senate cloture rules relate solely to LEGISLATION and not APPOINTMENTS. If true, they're not even following their own rules.


Anyone?
13 posted on 05/18/2003 6:29:19 PM PDT by Tunehead54 (Support Our Troops!)
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To: webber
Nice bit of research.
14 posted on 05/18/2003 6:30:44 PM PDT by Roscoe
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To: Tunehead54
I have read (prove me wrong) that the Senate cloture rules relate solely to LEGISLATION and not APPOINTMENTS. If true, they're not even following their own rules.
Maybe it would be better for you to prove you're correct...

Here's the cloture rule......

Rules of the Senate
15 posted on 05/18/2003 7:00:29 PM PDT by deport
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To: deport
B>Could you underline the part where it says you're wrong or I'm right? Thanks. ;-)



16 posted on 05/18/2003 7:24:42 PM PDT by Tunehead54 (Support Our Troops!)
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To: webber
I'm sure that these quotes were made back when the democRATs were in the majority. That was totally different. Totally.

If the Republicans stand in the way of the democRATs, it's unconstitutional. If the democRATs stand in the way of Republicans, it's courageous.

17 posted on 05/18/2003 7:31:48 PM PDT by Bubba_Leroy
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To: Tunehead54
I"m not saying you are wrong... Just posting the rules of the Senate..... You may well have read that somewhere.... I can't prove that you did or didn't.
18 posted on 05/18/2003 7:38:06 PM PDT by deport
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To: webber
bump
19 posted on 05/18/2003 7:38:10 PM PDT by finnman69 (!)
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To: Tunehead54
"..... at any time a motion signed by sixteen Senators, to bring to a close the debate upon any measure, motion, other matter pending before the Senate,....."

Senate confirmations fall within the scope of "any measure, motion, other matter pending before the Senate," and thus, the Cloture rule applies to stopping debate of same.

20 posted on 05/18/2003 8:36:59 PM PDT by longshadow
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